Acceptance of Terms
Please read these terms carefully before using this internet
site. These terms and conditions may have changed since your
last visit to this site. Using this site indicates that you accept
these terms. If you do not accept these terms, do not use this
Xcitex Inc., of Cambridge, Massachusetts, U.S.A., maintains this
site as a service to our customers, potential customers, and
other interested parties. Please visit us frequently, browse
our pages, and download documents, subject to the terms and conditions
set out below.
Restrictions on use of Materials, Software and other Products
All materials contained on the Xcitex web site are the copyrighted
property of Xcitex Inc. All trademarks, service marks, trade
names, and trade dress are proprietary to Xcitex Inc. No material
from the Xcitex web site may be copied, reproduced, republished,
uploaded, posted, transmitted, or distributed in any way, except
that you may download one copy of the materials on any single
computer for your personal, noncommercial use only, provided
that (1) you keep intact all copyright and other proprietary
notices, (2) you make no modifications to the materials, (3)
you do not use the materials in a manner that suggests an association
with any of our products, services, or brands, and (4) you do
not download quantities of materials to a database that can be
used to avoid future downloads from the Xcitex web site. The
use of any Xcitex material on any other web site or computer
environment is prohibited.
In the event you download software from the Xcitex web site,
the software, including any files, images incorporated in or
generated by the software, and data accompanying the software
(collectively, the "Software") are licensed to you by us for
your personal, noncommercial use only. We do not transfer title
to the Software to you. You own the medium on which the Software
is recorded, but we retain full and complete title to the Software
and all intellectual property rights therein. You may not redistribute,
sell, auction, decompile, reverse engineer, disassemble, or otherwise
reduce the Software to a human-readable form.
Any software that is made available to download from the Services
("Software") is the copyrighted work of Xcitex. Use of the Software
is governed by the terms of the end user license agreement, if
any, which accompanies or is included with the Software ("License
Agreement"). An end user will be unable to install any Software
that is accompanied by or includes a License Agreement, unless
he or she first agrees to the License Agreement terms.
The Software is made available for download solely for use
by end users according to the License Agreement. Any reproduction
or redistribution of the Software not in accordance with the
License Agreement is expressly prohibited by law, and may result
in severe civil and criminal penalties. Violators will be prosecuted
to the maximum extent possible.
Description of Services
Through its network of Web properties, Xcitex provides you with
access to a variety of resources, including download areas and
product information (collectively "Services"). The Services,
including any updates, enhancements, new features, and/or the
addition of any new Web properties, are subject to the Terms
of Use Agreement.
Personal and Non-Commercial Use Limitations
Unless otherwise specified, the Services are for your personal
and non-commercial use. You may not modify, copy, distribute,
transmit, display, perform, reproduce, publish, license, create
derivative works from, transfer, or sell any information, software,
products or services obtained from the Services.
Privacy and Protection of Personal Information
relating to the collection and use of your information.
Notice Specific to Documents Available on this Web Site
Permission to use Documents is granted, provided that (1) both
the copyright notice and this permission notice appear, (2) use
of such Documents is for informational and non-commercial
or personal use only and will not be copied or posted on any
network computer or broadcast in any media, and (3) no modifications
of any Documents are made. Accredited educational institutions,
such as, universities, private/public colleges, and state community
colleges, may download and reproduce the Documents for distribution
in the classroom. Distribution outside the classroom requires
express written permission. Use for any other purpose is expressly
prohibited by law, and may result in severe civil and criminal
penalties. Violators will be prosecuted to the maximum extent
Documents specified above do not include the design or layout
of the xcitex.com web site or any other Xcitex design. Elements
of the Xcitex web site are protected by trade dress, trademark,
unfair competition, and other laws and may not be copied or
imitated in whole or in part. No logo, graphic, sound or image
from any Xcitex Web site may be copied or retransmitted unless
expressly permitted by Xcitex.
Notices regarding software, documents and services available
on this web site
IN NO EVENT SHALL XCITEX AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE
FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES
WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER
IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION,
ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF
SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES,
OR INFORMATION AVAILABLE FROM THE SERVICES.
No Unlawful or Prohibited Use
As a condition of your use of the Services, you will not use
the Services for any purpose that is unlawful or prohibited by
these terms, conditions, and notices. You may not use the Services
in any manner that could damage, disable, overburden, or impair
any Xcitex server, or the network(s) connected to any Xcitex
server, or interfere with any other party's use and enjoyment
of any Services. You may not attempt to gain unauthorized access
to any Services, other accounts, computer systems or networks
connected to any Xcitex server or to any of the Services, through
hacking, password mining or any other means. You may not obtain
or attempt to obtain any materials or information through any
means not intentionally made available through the Services.
Xcitex reserves the right at all times to disclose any information
as Xcitex deems necessary to satisfy any applicable law, regulation,
legal process or governmental request, or to edit, refuse to
post or to remove any information or materials, in whole or
in part, in Xcitex's sole discretion.
If you have questions regarding this statement, you should first
contact Xcitex Inc. by e-mail.
Links to Third Party Sites
THE LINKS IN THIS SITE WILL LET YOU LEAVE XCITEX'S SITE. THE
LINKED SITES ARE NOT UNDER THE CONTROL OF XCITEX AND XCITEX IS
NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK
CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH
SITES. XCITEX IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER
FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. XCITEX IS
PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION
OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY XCITEX OF THE SITE.
This web site is copyright © 2003-2006 by Xcitex Inc., 25
First Street, Suite 105, Cambridge, MA 02141. U.S.A.
All rights reserved.
Any rights not expressly granted herein are reserved.